AP: Salmonella Settlement Deadline Extended

Scores of customers sickened during a salmonella outbreak linked to tomatoes sold in several states have settled more than 80 lawsuits in recent weeks, and company attorneys agreed to delay a filing deadline in hopes that dozens of other claims might settle.

Saturday marks the two-year anniversary of the outbreak in Pennsylvania, Ohio, West Virginia and six other states where more than 400 people became ill.

Ordinarily, that would also represent the statute of limitations for some suits, but attorneys for Sheetz convenience stores, which sold the tomatoes, its customers and various insurance companies involved have agreed to extend the deadline to July 21.

"Basically, Sheetz and we want to resolve the claims without having to file lawsuits," said Bill Marler, the Seattle attorney who represents 139 of those who were sickened.

Federal investigators traced the salmonella-tainted Roma tomatoes to a Florida packing house, but said nothing was done wrong there to taint them. The federal investigation also absolved Altoona-based Sheetz Inc. and the tomato wholesaler, Coronet Foods Inc., of Wheeling, W.Va. But under Pennsylvania's strict liability laws, both can still be sued because they sold the tomatoes.

Nobody died in the outbreak. Most plaintiffs were sick for several days or weeks and sought damages for everything from medical bills to ruined vacations and embarrassment; one 7-year-old boy, for example, had to wear disposable training pants and lost 10 pounds due to diarrhea.

Others reported more serious injuries, including nerve damage from intravenous tubes inserted to combat dehydration, continuing bouts with irritable bowel syndrome and arthritis, Marler said.

Coronet shut down in October 2004 and filed for bankruptcy shortly after a few lawsuits were filed by other attorneys.

Marler said individual settlement amounts are confidential. Michael Cortez, Sheetz's vice president and general counsel, said Thursday he could not immediately determine how much the company paid its customers overall.

"With respect to our customers, we've determined they will get paid," Cortez said. "And the rest of the debate as to who bears that ultimate responsibility will be held at a later date."

Besides Marler's cases, Sheetz has settled 600 claims out of court, ranging from people who got ill to customers who were simply concerned about becoming sick. Most people contacted the company through a toll-free hot line, Cortez said.

Another 100 customers represented by other attorneys have either settled cases or were still mulling lawsuits, Sheetz attorney Chris Lee said.